COLUMBUS, OH -- Legislation to strengthen regulations governing the mining of industrial minerals - such as limestone, gravel and clay - received its first hearing in the Ohio Senate this week.
Sam Speck, director of the Ohio Department of Natural Resources (ODNR), said the legislation (Senate Bill 83) represents the first comprehensive overhaul of the state's industrial minerals laws since 1974.
"This bill adds teeth to a number of environmental and regulatory provisions of Ohio's industrial minerals laws, particularly with regard to groundwater protection and the regulation of mining in or near streams. It gives local communities a stronger voice in decision-making as to the location of proposed mines or quarries, and provides the state with new tools for enforcing the law," Speck said. "At the same time, this legislation has considerable support from within the industry, as it brings the regulatory process up to date to make it more efficient and timely."
The bill is sponsored by State Senator Jim Carnes, chair of the Senate Energy, Natural Resources and Environment Committee.
Industrial minerals extracted in Ohio include sand and gravel, limestone, dolomite, salt, clay, sandstone, shale, gypsum, and peat. According to ODNR, the industry generates sales of more than $750,000,000 annually and employs nearly 5,000 Ohioans in 86 of the state's 88 counties.
Key features of the new industrial minerals bill include:
Increased citizen and local government involvement: The bill provides improved access for public and local government involvement in the industrial mineral permitting process. Public notice requirements combined with the zoning information will allow the public and local authorities to proactively view proposed plans. Also, advertisements announcing the permit application will be run in a local newspaper, once a week for four consecutive weeks. In addition, public notification of significant revisions to a permit will be required. Open public involvement on the front-end can and will lead to communities being better able to reach good planning decisions with operators.
Regulation of in-stream and near-stream mining. This bill adds permitting requirements and public notification for in-stream or near-stream permits. Currently, no such rules exist.
Strengthens communities' negotiating positions. Community leaders will be discussing issues over a pending application rather than an issued permit. This way the proposed law would allow citizens and local authorities to deal with new operations in a pro-active mode before a permit decision has been made.
Increased groundwater protection. Under provisions in the bill, a mining permit application must include a groundwater modeling study, allowing local authorities and state regulators to take into account a proposed operation's impact on the region's hydrology. It also provides adjacent property owners with new protections against potential groundwater loss due to mining operations.
Protection from effects of blasting. The legislation includes new requirements with regard to blasting at industrial mineral quarries and mines, affording greater protection for nearby homes and businesses.
Speck said the new legislation also provides new tools for industrial minerals companies, helping them to responsibly carry out mining operations in ways from which all Ohioans benefit. These include an increase in the permit term from 10 years to 15 years, updated bonding procedures and credits for companies demonstrating past good performance.